Understanding Liability On And Off The Bus
School buses are one of the most common ways students get to and from school, and in many cases, they’re considered safer than personal vehicles. But accidents still happen. Whether it’s a crash involving another vehicle, a student falling while boarding, or an incident inside the bus itself, school bus injuries raise serious concerns for families. The key legal question becomes: Who is responsible?
Below, our friends from Hayhurst Law PLLC discuss school bus accidents and who is at fault when a student is injured.
Multiple Parties May Share Liability
When a student is injured in or around a school bus, figuring out who is at fault is not always simple. Liability may rest with the school district, the bus driver, a third-party transportation company, another driver on the road, or even the manufacturer of a defective part. Each case is fact-specific, and a proper investigation is needed to determine whether negligence occurred and who should be held accountable.
When The School District Is Responsible
If the school owns and operates the bus and employs the driver, the district can often be held directly responsible for any injuries caused by negligence. This might include a bus driver who was distracted, failed to follow traffic laws, or did not enforce safety rules on board. The school could also be liable for poor maintenance, failure to train drivers properly, or ignoring prior complaints about unsafe behavior. Even if the district contracts out bus services, they may still bear legal responsibility if they failed to hire a qualified company or monitor safety.
Third-Party Drivers And External Factors
Not every bus-related injury is the school’s fault. If another driver hits the bus, that driver or their insurance company may be held liable. In some cases, a pedestrian, cyclist, or even poor road conditions may play a role. It’s important not to assume that just because a school bus is involved, the school is automatically responsible. That said, school districts still have a duty to protect students from foreseeable harm during transportation, even when they’re not directly at fault for the crash.
Injuries Outside The Bus
Liability can also extend beyond the vehicle itself. Students can be injured while waiting at the bus stop, crossing the street, or stepping off the bus. Drivers who fail to stop for flashing bus lights or ignore traffic laws pose a serious risk. In these situations, the driver who violates the law may be held responsible. However, if the school failed to set up safe pickup and drop-off procedures or did not follow guidelines for student supervision, the district could still be included in a legal claim.
Deadlines And Legal Action
As with other school-related injuries, government immunity laws may apply. That means parents typically have a short window to file a notice of claim with the district. These deadlines vary by state but are often as short as 60 to 90 days. An experienced attorney can help ensure paperwork is filed correctly and on time.
What To Know Before Taking Action
When a child is hurt in a school bus incident, it can be overwhelming to figure out what happened and who is legally responsible. The answer may involve multiple parties and complex legal rules. If your child was injured while riding the bus, at the bus stop, or during transport to a school event, speaking with a workplace injury lawyer can help you understand your options and protect your child’s rights.